Points
4. At the outset, this Court is of the view that merely on proof affidavit, cognizance cannot be taken. As per Section 200 of Cr.P.C., whenever any cognizance to be taken in a criminal case, other than the cases like under the Negotiable Instruments Act, 1881, the complainant should be examined on oath. Without following the above procedure, the petitioner cannot insist the Magistrate to take cognizance by filing proof affidavit.
Party
A.Senthilkumar vs. Thiru.Nandhakumar – CRL.O.P.No. 9148 of 2022 – 26.07.2022.
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/673612
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